Junior Rasmussen
Illinois imposes unique requirements on people wishing to get married there. A legal ceremony depends on understanding these. For a marriage to be legally binding, Illinois law requires you and your intended spouse to make a solemn declaration of your consent to marry one another during the ceremony in the presence of the officiant. The officiant must then make a pronouncement officially solemnizing your union. There is no requirement for witnesses to be present, nor does state law mandate that the ceremony follow any other specific format or structure. This allows you to honor your own traditions or customs when planning and carrying out the ceremony.
| Characteristics | Values |
|---|---|
| Minimum age of couple | 18 years old without parental consent; 16 years old with consent from both parents |
| Minimum age of witnesses | Not specified |
| Minimum age of officiant | 18 years old |
| Officiant registration required | No |
| Officiant qualifications | Ordained minister; religious leader; Universal Life Church ordained ministers; active judge; retired judge (unless removed from office); mayor or public official; clerk from a county with a population of at least 2 million; leader of a Native American nation or tribe; head of a religious organization |
| Marriage license required | Yes |
| Waiting period for marriage license | 24 hours |
| License validity period | 60 days |
| Same-sex marriage allowed | Yes |
| Kinship restrictions | Relatives closer than second cousins generally cannot marry; exceptions may be made for first cousins if one is infertile or both are older than 50 |
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What You'll Learn
Illinois marriage requirements
Illinois imposes unique requirements on people wishing to get married there. A legal marriage in the state requires three ingredients: it must be "licensed, solemnized, and registered". Here is a detailed guide to the requirements for a legally binding marriage in Illinois.
Age and Consent
To be eligible to marry in Illinois, both parties must be at least 18 years old. If both parents or legal guardians give consent, a minor of at least 16 years old can be allowed to marry. There is an exception if one parent or guardian is unavailable; in this case, a court order can allow the marriage to proceed.
Identification and Documentation
Both parties must appear in person to fill out an application for a marriage license. They must bring a form of identification, such as a birth certificate, driver's license, or passport. If divorced, proof of divorce is also required. The cost of applying for a marriage license varies by county, typically ranging from $15 to $75.
License Validity
A marriage license in Illinois becomes effective the day after it is issued and remains valid for 60 days. It is only valid in the county in which it was issued, meaning the marriage ceremony must take place within that county. If the wedding does not occur within 60 days, the license should be returned to the issuing clerk.
Officiants
The officiant must be at least 18 years old and can be an active or retired judge, a mayor or public official, a clerk from a county with a population of over 2 million, the leader of a Native American nation or tribe, or the head of a religious organization. Universal Life Church-ordained ministers are also legally qualified to officiate weddings in Illinois. The state does not discriminate based on the officiant's gender, residency, or personal beliefs.
Solemnization and Registration
During the ceremony, the couple must make a solemn declaration of their consent to marry in the presence of the officiant, who then solemnizes the union. The officiant must complete the marriage certificate with the requested information, including their name, title, and ordaining organization, home address, and date and place of the wedding. The certificate should be filed with the issuing clerk within 10 days, who will then forward it to the Illinois Department of Public Health to enter the marriage into the public record.
It is important to note that the above information provides a general outline of the requirements for marriage in Illinois. For the most up-to-date and specific information, it is recommended to consult the relevant county's government website or seek legal advice.
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Who can officiate
In Illinois, certain officials, including judges, county clerks, and religious leaders, are authorised to officiate weddings. The state does not require the officiant to be religious, but religious groups have their own rules about who may be ordained. If those practices require an "officiant", the officiant must be in good standing with the religion or tribe. Religious groups may license or ordain people to perform marriages, but Illinois does not require that the officiant be ordained. The Illinois Marriage and Dissolution of Marriage Act requires that, for a marriage to be legal, it must be licensed, solemnized, and registered.
The officiant must be at least 18 years old and can be an active judge, a retired judge (unless "removed" from office), a mayor or public official, a clerk from a county with a population of at least 2 million, the leader of a Native American nation or tribe, or the head of a religious organization. The state does not discriminate with regard to the officiant's gender, residency, or personal beliefs. However, there is a stipulation that retired judges and mayors are not allowed to charge a fee for conducting the ceremony.
Universal Life Church-ordained ministers are considered religious leaders and so are legally qualified to wed a couple in Illinois. The same is true for ministers ordained through the Provenance Center, which is the preferred online ordination site for friends and family officiants. It is also understood that American Marriage Ministries (AMM) and Universal Life Church (ULC) typically focus on professional officiants or more traditional ceremonies, and so they likely have legal standing in Illinois as well.
The wedding day is meant to be a special and memorable event, but it is important to remember that a few final steps are needed to ensure the legality of the marriage. The officiating minister must ensure that the marriage certificate is properly completed following the ceremony. The officiant will need to fill out their name, title and ordaining organization (if applicable), home address, and date and place of the wedding. The completed certificate should then be filed with the issuing clerk within 10 days. At that point, the responsibility shifts to the clerk, who must forward the information to the Illinois Department of Public Health to enter the marriage into the public record.
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Marriage licenses
To obtain a marriage license in Illinois, both parties must be present and provide valid identification, proof of age, social security numbers, and occupations. You will also need to provide your parents' full names, addresses if living, and states of birth. If either party has been previously married, you will need to provide the date, county, and state of the previous marriage's dissolution. If you do not speak English, a separate interpreter over the age of 16 with a valid ID must accompany you.
To officiate a wedding in Illinois, the person must be at least 18 years old. There are several officials who qualify as legally acceptable, including an active judge, a retired judge (unless removed from office), a mayor or public official, a clerk from a county with a population of at least 2 million, the leader of a Native American nation or tribe, or the head of a religious organization. Ministers of the Universal Life Church are also qualified to officiate weddings in Illinois.
To ensure the legality of the marriage, the officiating minister must complete the marriage certificate with the requested information, including name, title, and ordaining organization, home address, and date and place of the wedding. The completed certificate should be filed with the issuing clerk within 10 days, who will then forward the information to the Illinois Department of Public Health to enter the marriage into the public record. Marriage records can be obtained from the county clerk in the county where the marriage occurred.
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Same-sex marriage laws
Illinois imposes unique requirements on people wishing to get married there. A legal marriage in Illinois requires three key ingredients: it must be "licensed, solemnized and registered".
Same-sex marriage has been legally recognized in Illinois since a law was signed by Governor Pat Quinn on November 20, 2013, which took effect on June 1, 2014. Same-sex couples could apply for marriage licenses and then marry after the mandatory one-day waiting period. Illinois was the 19th US state to legalize same-sex marriage.
The legalization of same-sex marriage in Illinois was the result of a years-long effort by advocates and legislators. The first civil union bill was introduced in 2007, and the state established civil unions on June 1, 2011, after Governor Quinn signed legislation on January 31, 2011. This law allowed both same-sex and opposite-sex couples to form civil unions and provided state recognition of substantially similar legal relationships, including same-sex marriages entered into in other jurisdictions.
The Religious Freedom and Marriage Fairness Act was introduced in the Senate on January 9, 2013, and passed in February of that year. However, it initially failed to pass in the House. After further debate and amendments, the House approved the bill on November 5, 2013, and the Senate approved the amended bill the same day. Governor Quinn signed the bill into law on November 20, 2013.
The legalization of same-sex marriage in Illinois was a significant step towards equality for LGBTQ+ individuals and couples in the state. It allowed same-sex couples to legally marry and have their marriages recognized in Illinois, providing social equality and security.
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Minimum age to marry
In Illinois, the minimum age to marry is 18 years without parental consent and 16 years with parental consent. If both parents or legal guardians give consent to the marriage, a minor at least 16 years old can be allowed to marry. There is an exception that if one of the parents or guardians is unavailable, the county clerk can issue the marriage license with a court order.
Several bills have been introduced to raise the minimum marriageable age to 18 years, but none have become law. According to Unchained at Last, more than 7,500 minors were married in Illinois between 2000 and 2018. The organisation also reported that at least 34,943 marriages since 2000 involved an age or spousal age difference that should have constituted a sex crime under state law.
To ensure a legal marriage in Illinois, the couple must obtain a marriage license. The license becomes effective one day after issuance in the county where it was obtained, unless a court orders otherwise. The marriage must take place within 60 days for the license to be valid. If the wedding does not occur within this period, the license must be returned to the issuing clerk.
During the ceremony, the couple must declare their consent to marry in the presence of the officiant, who then solemnizes the union. The officiant must be at least 18 years old and can be an active or retired judge, a mayor or public official, a clerk from a county with a population of over 2 million, the leader of a Native American nation, or the head of a religious organization, among others. The officiant is responsible for completing the marriage certificate with the couple's details and submitting it to the issuing clerk within 10 days. The clerk then forwards the information to the Illinois Department of Public Health to register the marriage.
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Frequently asked questions
To be legally wed in Illinois, you must obtain a marriage license from the county clerk in the county you plan to marry in. This license is valid for 60 days from the day after issuance and requires a 24-hour waiting period. You must be at least 18 years old to marry without parental consent.
Officiants in Illinois are not required to register with any government office. However, they must be ordained ministers, at least 18 years old, and not retired judges or mayors charging a fee.
Both parties must make a solemn declaration of consent to marry in the presence of the officiant, who then solemnizes the marriage. The officiant must complete the marriage certificate with their details and submit it to the issuing clerk within 10 days.
Yes, same-sex marriages are legally recognized in Illinois.
